20100501 Ver 1_Approval Letter_20100628

AMA
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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
June 28, 2010
Nash County
DWQ Project No. 20100501
SR 1604 Widening
TIP No. U-3621B
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Dr. Gregory J. Thorpe, Ph.D., Environmental Management Director
NCDOTPDEA
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
widening SR 1604 in Nash County:
Stream Impacts in the Tar-Pamlico River Basin
Site Permanent Fill in
Perennial Stream
linear It Temporary Impact
to Perennial Stream
linear ft Bank Stabilization
to Perennial
Stream linear ft Total Stream
Impact
linear ft Stream Impacts
Requiring Mitigation
linear ft
1 187 23 10 220 187
2 100 12 89 201 100
Total 287 35 99 421 287
Total Stream Impact for Project: 421 linear feet.
Tn._Do.nnnn Rinnrian Rnffpr Imnarts
Site Zone 1 minus = Zone 1 I Buffer - Zone 2 minus = Zone 2 Zuue 2 Buffer
Impact Wetlands Buffers (not gaton
e Impact Wetlands Buffers (not Mitigation
(sq ft) in Zone 1 - wetlands) Requir
d (sq ft) wetlands) Required(using
s ft s ft ;
:1 ratio) s ft 1.5:1 ratio)
1 12810 0 12810 430 7951 0 795 11927
2 7736 0 7736 208 1851 0 1851 2776
Totals 20546 0 20546 638 9802 0 9802 14703
Total Buffer Impact for Project: 30,348 square feet.
The project shall be constructed in accordance with your application dated received June 24, 2010. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Numbers
3820 and 3689. This certification corresponds to the Nationwide Permits 14 and 13 issued by the Corps of
Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (I 5A NCAC 213.0250). In
addition, you should acquire any other federal, state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit.
Transportation and Permitting Unit
1650 Mail Service Center. Ralegh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd.. Suite 250, Raleigh. North Carolina 27604
Phone: [phone] FAX: [phone]
Internet rup91h2oencstate.nc.uslnwietlands/
NorthCarolina
Natuta!!y
An Equal Onpodunity Alfinnative Action Employer
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
Conditions of Certification:
1. Compensatory mitigation for 287 linear feet of impact to streams is required. We understand that you have
chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has
indicated in a letter dated June 16, 2010 that they will assume responsibility for satisfying the federal Clean Water
Act compensatory mitigation requirements for the above-referenced project, in accordance with the Tri-Party. MCA
signed on July 22, 2003 and the Dual-Party MCA signed on April 12, 2004.
2. Compensatory mitigation for impacts to 20546 square feet of protected riparian buffers in Zone 1 and 9802
square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform
compensatory mitigation for impacts to protected buffers through use of the North Carolina Ecosystem
Enhancement Program (EEP). Mitigation for unavoidable impacts to Tar-Pamlico Riparian Buffers shall be -
provided in the Tar-Pamlico River Basin and done in accordance with 15A NCAC 213.0259. EEP has indicated in a
letter dated June 16, 2010 that they will assume responsibility for satisfying the compensatory mitigation.:;
requirements for the above-referenced project, in accordance with the Tri-Party MOA signed on July 22, 2003, and
the Dual-Party MOA signed on April 12, 2004.
3. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to.the .
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody)
species by the end of the growing season following completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT
maintenance activities ntcluding mowing. The area widt non-maintained buffers shall be permane:,:ly rcvegetated
with native woody species before the next growing season following completion of construction.
4. Pursuant to NCAC15A 2B.0259(6) for, sediment and erosion control devices shall not be placed in Zone net of any.
Tar-Pamlico Buffer without prior approval by NCDWQ. At this time, NCDWQ has approved no sediment and
erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover,
sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not
compromised and that discharge is released as diffuse flow.
5. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
6. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted.
Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of
a vegetated buffer on the sides of the relocated channel to the maximum extent practical. Rip-rap is allowed as
necessary to maintain the physical integrity of the stream, to the extent permitted in this certification.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet. http:11h2o.encstate.nc.uslncwetlands!
NorthCarolina
Naturally
An Equal opportunity Affirmative Action Employe,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
7. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
8. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
9. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
10. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
11. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream . .
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
13. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms;
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
- 14. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
15. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
16. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
:certification. .
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. -
18. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and
any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are
not being met (including the failure to sustain a. designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this
certification.
19. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition,
the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager.
Transportation and Permitting Unit
1650 Mail Service Center. Ralegh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] k FAX: [phone]
Internet: hftp:11h2o.enrstatem us/nmetlandsl
North Carolina
Naturally
An Equal Opportunity i Atfinnative Action Employer
e??
A
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Natural Resources
Dee Freeman
Secretary
20. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
21. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
22. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
23. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ
when all work included in the 401 Certification has been.completed.
24. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) must be reestablished within -
the construction limits of the project by the end of the growing season following completion of construction.
25. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification, Should.waste or borrow sites, or access roads to waste or borrow sites, be -.
located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construction activities. .
26. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in ., . .
order to protect surface waters standards: - --
a. The erosion and sediment control measures for the.project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the.
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
C. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
27. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh. North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hftp:f/h2o.enr.state.naus/nmetlandsl
North Carolina
Naturally
An Equal Opportunity AEimiarve Action Employer
+r A
Y4JL.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Adm nistrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at 919-733-9817.
Sincerely,
Coleen H. Sullins
Attachments (Genera: Certification and Certificate of Completion form)
cc: Chad Coggins, Division 4 Environmental Officer
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Travis Wilson, NC Wildlife Resources Commission
Ecosystem Enhancement Program
File Copy
Transportation and Permitting Unit
1650 Mail service Center. Ralegh. North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh. North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:gh2o encstate ncusincwetlandsl
NorthCarolina
,Xatura!!y
An Equal Opportunity'. Alfmialive Aulon 9nployer